CAT/C/49/D/437/2010 4.6 With regard to the complainant’s credibility and the veracity of his claims, the State party notes that before the Migration Board, the complainant initially claimed that his passport and driving license were in Algeria. However, during the proceedings, it emerged that the complainant had a valid visa to France. It is worth noting that the complainant never submitted his passport. Nor did he submit the passport he allegedly bought to travel to Sweden, claiming that he was afraid to use his passport with the French visa. To explain this omission, the complainant claimed that the police had asked his brother to submit the complainant’s passport. The Migration Board concluded that the complainant has not explained his departure from Algeria and that the possibility of having travelled on a valid visa could not be ruled out. The State party further observes that the complainant had stated that the police did not take his passport when they first searched his home, which is odd considering the crime for which he had been convicted. It further holds that the explanation that he became a suspect when he wanted to provide a tip-off to the police about terrorist activity is not plausible and that the explanation of the way the terrorists made contact with him was not borne out by the facts. 4.7 The State party further notes that the complainant claimed that he applied for asylum on 1 December 2005. However, the facts show that he waited for one and a half months after his arrival before making such a request, which casts doubt over his need for protection. It further notes that before the domestic authorities, the complainant claimed that he had been released after one night of detention, while before the Committee he claimed that he was able to escape. The State party also observes that the complainant was not able to name the terrorist group that allegedly threatened him. 4.8 The State party took the view that the complainant has been unable to show that he is suspected of involvement with terrorists, so there is no reason to believe that he would be imprisoned on his return to Algeria. Therefore, even if the Committee accepted that the complainant was under a real threat of torture by terrorists, which the State party denies, nothing would prevent him from turning to the Algerian authorities to seek protection, especially when it has been shown that he was not suspected or sentenced for involvement with terrorists. It further observes that the complainant has not substantiated his account of his involvement with the police after he had been allegedly approached by terrorists. In any case, it amounts to nothing more than the poor conduct of one single police officer. Moreover, the State party recalls the provisions of article 1 of the Convention, submitting that the complainant’s claim that he risks being killed by terrorists falls outside the scope of article 3. Additionally, the State party notes that the complainant left Algeria six years ago and that the latest statement to the police dates from June 2005. Given that lapse of time there is little to suggest that the complainant would still be of interest to the terrorists when he returns to Algeria. In conclusion, the State party submits that the evidence and circumstances invoked by the complainant are not sufficient to show that the alleged risk of torture is foreseeable, real and personal. The complainant’s comments on the State party’s observations 5.1 On 22 November 2011, the complainant submitted his comments on the State party’s observations. He notes that this is the first time he has been able to explain his case as well as can be. His qualm is that, during the domestic proceedings, he either did not have a professional interpreter, or that the interpreter was changed during the meeting or that interpretation was done via telephone conference, sometimes with bad reception. In addition, he claims that his account suffered the vagaries of translations from Arabic to French to English in the course of a meeting that was held 500 km away from his place of residence. 5